Affidavit of due diligence form 2025

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  1. Click ‘Get Form’ to open the affidavit of due diligence in the editor.
  2. Begin by filling in the Plaintiff's name and file number at the top of the form. Ensure all information is accurate.
  3. In section 2, list all efforts made to locate the Defendant. This may include internet searches, contacting family or friends, or hiring a private investigator. Use bullet points for clarity.
  4. For section 3, specify the last known location of the Defendant by filling in the county and state fields.
  5. In section 4, confirm that despite your efforts, the Defendant's whereabouts remain unknown, justifying service by publication.
  6. Complete section 5 by indicating where you published the notice and attaching any necessary affidavits from publications.
  7. Finally, sign and date the document at the bottom. If required, have it notarized by a public notary.

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An affidavit of due diligence is a sworn statement detailing efforts to locate and serve legal documents when traditional methods fail. This crucial document demonstrates to the court that all reasonable efforts have been made to notify involved parties of ongoing legal action.
Due diligence serves as a critical investigation tool employed by businesses and individuals before entering into an agreement or a transaction with another party. The primary objective of this process is to minimise potential risks and maximise the assurance of making an informed decision.
Care or attention to a matter that is sufficient to avoid liability, though not necessarily exhaustive. For example, the Securities Act 11(b)(3) allows parties involved in a securities offering to escape 11 fraud liability if they conducted due diligence on the issuer .
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